MEDIA RELEASE

Council of Canadians raises concerns about Senate bill on First Nations water safety

Ottawa – The Council of Canadians has raised several concerns with the Safe Drinking Water For First Nations Act (Bill S-11) in a submission to the Standing Senate Committee on Aboriginal Peoples.

With 117 communities under water advisories in December, the Council of Canadians strongly supports the creation of legislation that recognizes First Nation communities’ right to water and ensures safe drinking water for First Nation communities.

“Water is a human right, public trust and global commons,” says Council of Canadians national water campaigner Emma Lui, who prepared the submission. “We are extremely concerned that the Bill as it stands lacks funding commitments and could open the door to water privatization in First Nation communities. The Bill also currently gives the Canadian government the power to force a community to allow a private, for-profit entity to build, operate and/or manage its water services.”

The UN passed two resolutions last year recognizing the right to safe and clean drinking water and sanitation, with the second resolution making the right legally binding. The Council’s submission highlights that several clauses in Bill S-11 are inconsistent with the UN Declaration on the Rights of Indigenous People (DRIP), which Canada endorsed last November. In developing Bill S-11, many First Nation communities were not consulted and the bill does not require consultation in developing regulations on safe drinking water for First Nation communities.

The UN DRIP requires free, prior and informed consent to any decisions affecting indigenous lands and resources. Any bill or regulations involving safe drinking water in First Nation communities should be developed alongside First Nation communities and must include their concerns.

“It’s deeply troubling that several clauses affirm that the regulations made under Bill S-11 take precedence over aboriginal and treaty rights and First Nation laws or by-laws,” says Council of Canadians chairperson Maude Barlow.

Last December, the Council released a report entitled Public Water for Sale: How Canada will Privatize our Public Water Systemswarning of the potential impacts of the Canada-EU Comprehensive Economic and Trade Agreement (CETA) on Canada’s water systems. (see below) The report noted that, “The private sector will have the ability to enter First Nations as owners and operators of water and wastewater facilities due to a lack of infrastructure, resources and training within First Nations.” CETA and Bill S-11 combined could prevent First Nations from building, owning and operating their own water and wastewater plants.

The Council of Canadians is urging that any legislation on safe drinking water for First Nations include funding commitments, the explicit recognition that First Nation communities have a right to build, own and operate their own water systems, clear responsibilities for governments and private companies and a clause on free, prior and informed consent on any decisions affecting water systems.

The full submission is available Bill-S11. Please download and read the full submission.

Ottawa, ON — Canada’s already challenged public water systems are under threat from a broad free trade agreement being negotiated by Canada and the European Union (EU). A new report released today, Public Water for Sale: How Canada will Privatize Our Public Water Systems, warns that public water in Canada will be lost unless the provinces and territories take immediate steps to remove water from the scope of the proposed Canada-EU Comprehensive Economic and Trade Agreement (CETA).

The report from the Canadian Union of Public Employees (CUPE) and the Council of Canadians exposes how CETA would open up public municipal water systems across Canada to privatization. At the request of Europe’s large private for-profit water corporations, provincial and territorial governments are considering including drinking water and wastewater services in their services commitments under CETA. They have been asked by the Harper government to make the final decision before a sixth round of CETA talks in Brussels this January.

“CETA is a water privatization deal,” says Maude Barlow, national chairperson of the Council of Canadians. “Our public water is being negotiated away behind closed doors. We need to act now or we will wake up one morning and our public water systems will be gone.”

CUPE and the Council of Canadians are calling on the provinces and territories to assert their jurisdiction and protect water from the Harper government’s reckless disregard for Canada’s public water. The report notes the CETA agreement would compound existing pressure in Canadian municipalities and First Nations reserves to privatize water systems due to a lack of proper public funding and federal programs designed to encourage privatization.

“Canadians hold a great deal of trust in publicly owned, operated and delivered water and sanitation systems,” says CUPE National President Paul Moist. “Water and other essential services – such as health care, public transit, postal services and energy – are vital to our communities. This deal will allow the world’s largest multinational corporations to profit from Canada’s water.” Moist is also calling on CUPE’s municipal locals to take action against this deal which is being negotiated without full public debate.

EU negotiators are also asking that Canada’s municipalities and their water utilities be included in a chapter on public procurement. If this happens, it would be the first time Canada has allowed our drinking water to be fully covered under a trade treaty. The goal is clearly to encourage the privatization of Canada’s public municipal water systems.

“Canada’s drinking and sewage systems are important community assets. Public drinking water and sanitation services are a human right and the lifeblood of well-functioning communities,” says Barlow.

Minimum standards not being met: MKO

OTTAWA — First Nations leaders from northern Manitoba are taking their water crisis to the United Nations.

Manitoba Keewatinowi Okimakanak Grand Chief David Harper told a Senate committee hearing Tuesday the lack of running water in more than 1,000 homes in northern Manitoba is a violation of the United Nations Declaration of the Rights of Indigenous People.

MKO plans to ask the UN to investigate the violations of rights imposed by the lack of water.

“How many more people in northern Manitoba First Nations must get sick with the flu or other diseases just because they can’t wash their hands before the government of Canada will take action?” Harper asked the senators at the committee.

Last fall, the Winnipeg Free Press exposed the Third World conditions in the Island Lake region of Manitoba, where most families have less water every day than people in refugee camps.

The United Nations recommends 50 litres of clean water are needed per person every day to meet minimum standards. In disaster zones, the UN recommends at least 15 litres of clean water per person per day.

Many people in the Island Lake region get by on 10 litres per day, usually lugged by family members in pails from local water pipes. Additional water comes in untreated from lakes and rivers that have tested positive for contaminants including E. coli.

The issue has been front and centre as the aboriginal peoples committee of the Senate considers bill S-11. The legislation seeks to regulate water quality on reserves.

Chiefs nationwide have said the bill puts the regulation cart before the water truck.

Few communities have the infrastructure needed to meet any regulations on water standards and chiefs, including Harper, say the government needs to help build the systems before they can be regulated.

“Bill S-11 will not deliver clean running water into 1,000 homes in northern Manitoba,” said Harper.

Conservative Sen. Patrick Brazeau, who introduced the bill in the senate for the government, said the bill is intended as a starting place.

“Would you agree, at least, it’s a step forward?” he asked.

Harper said only if the bill also included a requirement for the government to ensure the systems were in place to meet regulations.

Several Liberal senators have indicated plans to vote against the legislation, though the Conservatives likely have enough votes on their side to pass it on to the House of Commons.

Liberal Sen. Roméo Dallaire said he finds it disturbing most Canadians don’t even have to think about clean running water at their summer homes, let alone their primary residences.

“Cottage country in Canada has much better drinking water than you,” Dallaire said.

Harper is pushing for the federal government and Manitoba to join forces to build the water-treatment plants, water holding tanks and indoor plumbing fixtures needed to ensure the Island Lake residents have enough clean water to drink, cook and bathe.

A young boy getting a drink of water from an open pipe.

1 October 2010 – The main United Nations body dealing with human rights has affirmed that the right to water and sanitation is contained in existing human rights treaties, and that States have the primary responsibility to ensure the full realisation of this and all other basic human rights.

While the General Assembly declared in July that safe and clean drinking water and sanitation is a human right essential to the full enjoyment of life and all other human rights, this is the first time that the Human Rights Council has declared itself on the issue.

“This means that for the UN, the right to water and sanitation, is contained in existing human rights treaties and is therefore legally binding,” said the UN Independent Expert on human rights obligations related to access to safe drinking water and sanitation, Catarina de Albuquerque.

“This landmark decision has the potential to change the lives of the billions of human beings who still lack access to water and sanitation,” she said of the resolution adopted yesterday by the Geneva-based Council.

Almost 900 million people worldwide do not have access to clean water and more than 2.6 billion people do not have access to basic sanitation. Studies also indicate about 1.5 million children under the age of five die each year and 443 million school days are lost because of water- and sanitation-related diseases.

The Assembly’s resolution recognized the fundamental right to clean water and sanitation, but did not specify that the right entailed legally binding obligations.

The Council closed this gap by clarifying the foundation for recognition of the right and the legal standards which apply, according to a news release.

“The right to water and sanitation is a human right, equal to all other human rights, which implies that it is justiciable and enforceable,” said Ms. de Albuquerque. “Hence from today onwards we have an even greater responsibility to concentrate all our efforts in the implementation and full realization of this essential right.”

OTTAWA, Nov. 12 /CNW/ – Assembly of First Nations National Chief Shawn A-in-chut Atleo stated that Canada’s endorsement of the United Nations Declaration on the Rights of Indigenous Peoples is a positive development that sets the stage for a new approach to building stronger First Nations and a stronger Canada.

“Today marks an important shift in our relationship and now the real work begins,” National Chief Atleo said. “Now is our time to work together towards a new era of fairness and justice for First Nations and a stronger Canada for all Canadians, guided by the Declaration’s core principles of respect, partnership and reconciliation. First Nations have worked long and hard to set out constructive and effective approaches and to abandon the colonial relationship embodied in the Indian Act that has held back our people and this country. We are ready to move now – today – on our key priorities including education.”

The United Nations Declaration on the Rights of Indigenous Peoples was adopted by the UN General Assembly on September 13, 2007. Canada committed to endorsing the UN Declaration in the 2010 Speech from the Throne. The UNDRIP has the distinction of being the only Declaration within the United Nations which was drafted with the rights-holders, themselves, the Indigenous Peoples of the world.

“Today is important, not as the culmination of our efforts, but as the beginning of a new approach and a new agenda,” the National Chief stated. “Canada’s apology for the residential schools in 2008 was a critical moment to acknowledge the pain of the past. Endorsing the Declaration is the opportunity to look forward and re-set the relationship between First Nations and the Crown so it is consistent with the Treaties and other agreements with First Nations upon which this country was founded. In endorsing the UN Declaration, Canada is committing to work with us as a true partner to achieve reconciliation as instructed by the courts in Canada.

I congratulate Canada in taking another step towards the promotion and protection of human and fundamental freedoms for all.”

The Assembly of First Nations is the national organization representing First Nations in Canada.

Backgrounder:

Canada endorses the United Nations Declaration on the Rights of Indigenous Peoples

“The Declaration is a visionary step towards addressing the human rights of indigenous peoples” proclaimed United Nations Secretary-General Ban Ki-moon. “[I]t provides a momentous opportunity for States and indigenous peoples to … promote reconciliation and ensure that the past is not repeated.”

What does this mean for First Nations?

Canadian First Nation leaders have been directly involved in the development and negotiation of the UN Declaration (UNDRIP) for over twenty years. In 2007, the UNDRIP passed at the United Nations. Canada was one of only four countries along with Australia, New Zealand and the United States to vote in opposition to the UNDRIP.

First Nation leaders advocated strongly for the UNDRIP as a framework for advancing First Nations rights, dignity, survival, security and well-being. Assembly of First Nations’ resolution No. 37/2007 called on the Government of Canada to endorse the UN Declaration without delay.

Now three years later, Canada, today, has endorsed the Declaration. While this in itself doesn’t address our urgent needs, it does say that Canada is listening and that Canada is willing to work with us to achieve the standards set out in the UNDRIP. Furthermore, the UNDRIP will inform and guide the discussion regarding the meaning and implementation of treaty and aboriginal rights as guaranteed in the Constitution Act, 1982.

We do take exception to the statement that the UNDRIP does not reflect customary international law. However, with the endorsement, we can now move forward to address the full range of issues. From our preliminary assessment, Canada’s statement is consistent with both Australia and New Zealand’s statement of endorsement. The United States has yet to endorse the Declaration however President Obama has engaged Tribal governments in broad nation-to-nation talks.

We have much important work to do. With the UNDRIP as a guide, we can re-set our relationship with Canada aligned with our original relationship and rights enshrined in Treaty.

The AFN and National Chief will work immediately to seek commitment from Canada to move forward on priority issues as mandated by the Chiefs in Assembly including education. In addition, we will call on Canada to convene a First Nations-Crown Gathering as a key step forward in affirming our nation-to-nation relationships.

Council of Canadians, E-Newsletter, July 16, 2010

Before the end of July, the UN General Assembly is expected to decide on a draft resolution declaring the human right to “safe and clean drinking water and sanitation.” The resolution is being presented by the Bolivian government and has been endorsed by several other countries.

The Canadian government, however, has not supported the resolution and may even be lobbying other countries to weaken it. The Canadian government has a long history of blocking a UN resolution on the right to water, even though it is urgently needed to stop water privatization and to ensure governments provide access to clean drinking water for people within their borders.

For many years, the water justice movement, including the Council of Canadians’ Blue Planet Project, has been calling for UN leadership on this critical issue. “When the 1948 Universal Declaration on Human Rights was written, no one could foresee a day when water would be a contested area,” said Maude Barlow, National Chairperson of the Council of Canadians in a recent media release. “But in 2010, it is not an exaggeration to say that the lack of access to clean water is the greatest human rights violation in the world. Canadians need to be aware that the Harper government is one of the primary obstacles to the international recognition of the right to water.”

This resolution would recognize the right to water and sanitation for the 1.2 billion people without access to clean water and the 2.6 billion people without access to basic sanitation. Every eight seconds a child dies from preventable disease caused by drinking dirty water.
The Council of Canadians is calling on the Canadian government to support the resolution for the human right to safe and clean drinking water and sanitation and to stop all efforts to modify or weaken it.